Amtrak Ready To Defend Waste Dumping In Putnam

PALATKA — In a courtroom within earshot of passing trains, the nation's passenger rail service goes on trial today for dumping sewage along tracks.

Circuit Judge Robert Perry has scheduled today and Tuesday for the non-jury trial, at which prosecutors will try to prove Amtrak violated state laws by dumping sewage from passenger cars in Putnam County.

Perry's courtroom is in the Putnam County Courthouse, a few blocks east of a set of railroad tracks. The whistles of passing engines can be heard in the courtroom, and Amtrak trains stop regularly in Palatka.

This is the first time in the 161-year history of U.S. passenger service in which a railroad has faced criminal charges for dumping sewage from a train. But officials in Oregon, Washington, Utah, California and Nevada also have complained about the practice.

Amtrak executives do not deny dumping sewage but say the practice is not a health hazard and that federal law exempts them from state and local anti-pollution laws.

The passenger service is trying to get the federal court in Jacksonville to take jurisdiction of the case from the circuit court. No ruling has been made in federal court.

If found guilty in the two circuit cases, the passenger service could be fined $5,000 on each third-degree felony charge of dumping sewage in Putnam County. State Attorney John Tanner has said he does not want to jail Amtrak executives.

The charges stem from an investigation by the Florida Game and Fresh Water Fish Commission into Amtrak's dumping. Two fishermen complained in October 1988 that they were sprayed by sewage when a train crossed a bridge over Rice Creek, a tributary of St. Johns River north of Palatka. Investigators said they later saw sewage sprayed into Rice Creek and the St. Johns River.

The rail service has 600 cars that dispose of sewage either by dumping directly onto tracks or spraying the contents of 30-gallon holding tanks when the trains are traveling at least 35 mph.

Amtrak executives have said they eventually will replace the 600 cars with new ones that have large holding tanks, which would be dumped at stations. About half its cars - most of them commuter lines in the Northeast - already have holding tanks.

Cost estimates for putting holding tanks on the other cars range from $147 million to $300 million.

Amtrak has threatened to stop running trains into any area that forbids it to dump sewage.